Section 6-5-540 Legislative intent. It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance with the previous declaration of Legislature contained in Act […]
Section 6-5-541 Short title; construction. This article may be cited and known as “The Alabama Medical Liability Act of 1987” and is intended to supplement “The Alabama Medical Liability Act,” Act No. 513 of the 1975 Regular Session of the Alabama Legislature. The provisions of this article shall be construed so as to be consistent […]
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER. A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481. (2) STANDARD OF CARE. The […]
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000 to be paid by periodic payments over period of years; judgment to specify payment terms; requirement to post security or provide evidence of insurance; future damages not to be reduced to present value; attorney’s fees; termination of periodic payments; contempt of […]
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation. (a) In any action for injury whether in contract or in tort against a health care provider based on a breach of the standard of care, the injured plaintiff and spouse upon proper proof may be entitled to recover […]
Section 6-5-545 Evidence admissible that medical expenses will be reimbursed; information subject to discovery. (a) In all actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be […]
Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the act or omission constituting the alleged breach of the […]
Section 6-5-547 One million dollar limit on judgments; mistrial if jury advised of limitation. In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against a health care provider whether in contract or in tort based on a breach of the standard of care the amount of any judgment entered in favor of the […]
Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider; no evidence admitted of medical liability insurance. (a) In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, the plaintiff shall have the burden […]
Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury. In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care, the minimum standard of proof required […]
Section 6-5-549.1 Limits of liability insurance coverage in legal action against health care providers; testimony of health care providers as specialists. (a) This section and Sections 6-5-548 and 6-5-549 shall be known and may be cited as “The Alabama Medical Liability Act of 1996.” (b) The Legislature of the State of Alabama finds and declares […]
Section 6-5-550 Cause of action for malicious prosecution of civil action against health care provider. There is hereby created a cause of action for damages for malicious prosecution on the grounds that the party instituting a civil action for injury or damages whether in contract or in tort against a health care provider based on […]
Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery. In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, whether resulting from acts or omissions in providing health care, or the hiring, training, supervision, retention, or termination […]
Section 6-5-552 Application. This article applies to all actions against health care providers based on acts or omissions accruing after June 11, 1987, and as to such causes of action, shall supersede any inconsistent provision of law. (Acts 1987, No. 87-189, p. 261, §13.)
